§ 13A-6-40 — Definitions

Alabama § 13A-6-40

• Jurisdiction: Alabama
• Title 13A: Criminal Code
• Ch. 6: Offenses Involving Danger to the Person
• Art. 3: Kidnapping, Unlawful Imprisonment and Related Offenses

Text

The following definitions apply in this article:
(1) RESTRAIN. To intentionally or knowingly restrict a person’s movements unlawfully and without consent, so as to interfere substantially with his liberty by moving him from one place to another, or by confining him either in the place where the restriction commences or in a place to which he has been moved. Restraint is “without consent” if it is accomplished by:
a. Physical force, intimidation or deception, or
b. Any means, including acquiescence of the victim, if he is a child less than 16 years old or an incompetent person and the parent, guardian or other person or institution having lawful control or custody of him has not acquiesced in the movement or confinement.
(2) ABDUCT. To restrain a person with intent to prevent his liberation by either:
a. Secreting or holding him in a place where he is not likely to be found, or
b. Using or threatening to use deadly physical force.
(3) RELATIVE. A parent or stepparent, ancestor, sibling, uncle or aunt or other lawful custodian, including an adoptive relative of the same degree through marriage or adoption.

Legislative History

(Acts 1977, No. 607, p. 812, §2201.)